Online Banking Agreement
Note to Business Customers:
The following agreement does not apply to businesses. Please see the Cash Management Services Agreement you received at enrollment. You can obtain a copy of that agreement by calling us at (866) 353-1476.
This Agreement sets forth the terms and conditions of the online banking service (the "Service") offered by Pacific Premier Bank. In this Agreement, "you" refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms "we," "us," and "Bank" refer to Pacific Premier Bank. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your account agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms.
2. Our Service
This Service has two components:
- Online Account Access -- You can obtain information about your accounts and transactions, stop payment on checks, and transfer funds between your designated accounts with us.
- Online Bill Payments -- You can make payments to others.
3. Your Equipment
To use the Service, you must have the browser and equipment described in the Consent to Electronic Communications. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer and software are compatible with our system. We reserve the right to change our system requirements from time to time. Note: Some browser software may store user names and security codes to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser's "Help" screen for more information on this feature.
4. Your Password
We will provide you with one or more numbers, IDs and/or other means of identification and authentication (collectively, "Password") to access the Service. You are responsible for keeping the Password secure and confidential. Never place your Password on or near your computer. If you forget your Password, contact us during our regular business hours at (866) 353-1476 to reset your Password. For security reasons, we may disable your Password if it is entered incorrectly three times. We may act on any Service instruction that is accompanied by your Password. You agree not to disclose your Password to anyone.
5. Your Accounts
In order to use the bill payment Service, you must have a checking account with us. At our discretion, we may refuse to allow certain accounts to be linked to the Service.
6. Account Balance and Transaction Information
You can use your computer to obtain account balance and transaction information anytime of the day, seven days a week, except when the system is unavailable for maintenance or other reasons. Please note that the information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal.
You may make transfers between your eligible accounts with us. Transfers cannot be made from time deposit accounts.
Transfer requests which are received by us on or before the "cutoff hour" of 7:00 p.m. (Pacific Time) on business days will be posted that day. Transfer requests received after the cutoff hour or on a weekend or holiday may be deemed received as of the next business day. Transfers are limited to accounts with a similar ownership.
8. Stop Payment Requests
You can use the Service to place a stop payment order (or cancel a stop payment order) on a paper check that you have written against your account. Your stop payment order must include the account number, check number, EXACT account (dollars and cents), check or transaction date, and the name of the payee. We will not be liable for paying a check over a stop payment order if the order is incomplete or incorrect. Stop payment orders received on a weekend, holiday, or after 5:00 p.m. (Pacific Time) on a business day may be deemed received by us as of the next business day. We must receive stop payment orders at a time and in a manner which affords us a reasonable opportunity to act upon them.
Please note that electronic stop payment requests made through the Service may not be effective in stopping the payment of checks that have been posted to, but not finally paid from, your account on the preceding day. In order to prevent those checks from being paid, you must contact one of our customer representatives in person, by telephone or in writing within one hour after we open on the day following the day we post the items to your account. You also should contact a representative if you wish to stop the payment of a check that has been converted to an electronic transaction by the payee. You cannot use the Service to stop such payments. Please see your deposit agreement for the terms related to stop payment orders. Stop payment orders are effective for six months.
If our on-line system is not available for any reason, you can contact us during our regular business hours at (866) 353-1476 for assistance.
9. Online Bill Payments
If you request this Service, you can make payments to others from one or more of your designated checking accounts with us. If you link more than one checking account to the Service, you must specify which account you wish to use in making payments.
Eligible Payees. You may only designate payees with United States addresses. We reserve the right to determine who may be a payee.
Scheduling Online Bill Payments. You may instruct us to send a payment on any business day (the "Payment Send Date"), up to one business day in advance. You should schedule the Payment Send Date at least eight business days before the date it is due, as opposed to the late payment date (Do not include grace periods). You are responsible for scheduling payments to be made in a timely manner, bearing in mind that some payments may be sent by mail. You are solely responsible for any damages, such as late payment fees, that may be imposed as a result of a late payment. We will be responsible only for sending payment, electronically or by check, on the Payment Send Date. We will not be responsible for delays that occur in the postal system or automated clearing house, or for any action or omission by your payee.
Payment requests received after 7:00 p.m. (Pacific Time) may be deemed received by us as of the next business day. Payments scheduled for non-business days may be processed as of the following business day.
We may place a hold on funds pending our processing of your payment request. If we send your payment by check, the hold may remain in place for the amount of the check issued until we pay the check.
Initiating Single Payments. You can instruct us to send a payment up to one business day in advance. To initiate a payment, you must specify the person or business you are paying, the Payment Send Date, the amount to be paid, and (if you have one) your account number with the payee. The first time you request a payment to be made to a payee, you must also specify the payee's U.S. address, the number of the account from which the payment is to be made, and other information requested by the Service. [Note: We may modify the payee address to accommodate special processing requirements.] Once you enter your payment request, you can transmit it to us by following our online instructions. We may send your payment to the payee either by transferring the funds electronically or by mailing or otherwise delivering a check to the payee.
Initiating Automatic Recurring Payments. You may use the bill payment Service to make regularly recurring payments in the same amount to the same payee. Once your arrangements are set, we will send your payment automatically each month. If the Payment Send Date for an automatic payment falls on a weekend or holiday, the payment may be sent the following business day.
Erroneous Orders. You assume sole responsibility for accurately describing payees, payment amounts, and payee addresses. We are not responsible for confirming such information, or for monitoring or refusing to process duplicate payment instructions. If you give us a payment instruction that is incorrect in any way, you agree that we may charge your account for the payment whether or not the error could have been detected by us. We are not obligated to detect errors in your transfer or payment instructions.
Rejecting Orders. We may reject payment orders with or without cause or prior notice. If we do, we may notify you of the rejection orally, electronically or in writing. We may reject a payment order, for example, if our system indicates that there may not be sufficient time to make the payment to the payee by the Payment Send Date. We also may refuse to send a payment if you do not have sufficient available funds to cover the payment. If we reject a payment, you will need to re-enter the information if you wish to make the payment at a later date.
Changing, Cancelling, and Stopping Bill Payment Orders.
You can cancel or change a payment request electronically by deleting or changing the payment instruction from the online payment screen. To do this, you must act before 7:00 p.m. (Pacific Time) of the business day before the Payment Send Date.
If you have told us in advance to make regular payments out of your account, you can cancel or change these payments by: (1) deleting or changing your payment instructions electronically in the manner described above, or (2) calling us at (866) 353-1476 or writing to us at Pacific Premier Bank, Attn: Central Branch Support, P.O. Box 25171, Santa Ana, CA 92799-9810. To cancel or change your payment instructions by telephone or mail, we must receive your request at least three business days before the Payment Send Date. (Note: If you give us your request by telephone or mail and we do not receive it by at least three business days prior to the Payment Send Date, we may attempt, at our sole discretion, to cancel the payment. We assume no responsibility for our failure or refusal to do so, even if we accept the request for processing.) If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive written confirmation within 14 days, we may treat your verbal instruction as no longer binding. If you order us to stop one of these payments at least three business days before the Payment Send Date and we do not do so, we will be liable for your losses or damages.
You may stop the payment of any outstanding bill payment check by calling us at (866) 353-1476 or by coming into our local branch office. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call (see our fee schedule for costs associated with stop payment orders). If we do not receive written confirmation within 14 days, we may treat your verbal stop payment order as no longer binding. We must receive your stop payment order at a time and in a manner which affords us a reasonable opportunity to act upon it. Please see your deposit agreement for the terms related to stop payment orders. Stop payment orders are effective for six months.
10. Hours of Operation
You can access account information through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
12. Electronic Mail
f you send us electronic mail ("e-mail"), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party's unauthorized access to, or use of, your computer system. Please do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system.
13. Business Days
Our business days are Monday through Friday, excluding holidays.
We will send or make available to you a monthly deposit account statement unless there are no electronic fund transfers in a particular month. In any case, you will receive or have electronic access to a statement at least quarterly.
15. Service Fees
There are no fees for accessing information about your accounts or paying bills through the Service. However, we may impose a charge for each transfer or payment that exceeds the transaction limitation we set for your account each statement period (see our fee schedule for excess Money Market or Savings Account transaction). We may also impose a charge for transfers or payments drawn on non-sufficient funds (see our fee schedule for NSF fees). We are not responsible for any fees that may be billed to you by your Internet service provider.
We reserve the right to limit the frequency and dollar amount of transfers and payments for security reasons. Payments may not exceed a total of $5,000 per business day. Payments and transfers from savings accounts and money market deposit accounts are limited by law and your deposit agreement with us. You may only make up to 6 withdrawals and/or transfers each month by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking. See your deposit agreement for further details.
17. How to Notify Us of a Problem
If you have a question about a Service transaction, believe your User ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at (866) 353-1476 or write to us at Pacific Premier Bank, Attn: Central Branch Support, P.O. Box 25171, Santa Ana, CA 92799-9810.
18. Your Responsibility
Tell us AT ONCE if you believe your Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days, you can lose no more than $50 if someone used your Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Password, and we can prove that we could have stopped someone from using your Password without your permission if you had told us, you could lose as much as $500. Also, if your statement shows bill payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
19. Our Responsibility
If we do not complete a transfer or send a payment from your account on the Payment Send Date or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system's unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Agreement with you.
20. In Case of Errors or Questions about Your Transfers or Bill Payments
Call or write to us at the number or address listed in Section 17 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. For bill payments, please tell us the payee name, the date we charged your account, and the payee account number. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
21. Other Terms
This Agreement supplements the terms of your account agreement with us. Please see that agreement for other terms relating to this Service (for example, waivers, governing law, and overdrafts). You agree to comply with the Terms and Conditions found at our web site, as well as any Service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this Agreement, this Agreement, our web site Terms and Conditions, and your account agreement contain all of the terms of our agreement with you with respect to the Service. The terms of this Agreement will supersede any conflicting terms in the web site Terms and Conditions and your account agreement with respect to the Service.
22. Change in Terms
We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the address or e-mail address shown in our records, by posting the notice or an amended Agreement on our web site, or by delivering it to you. You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.
We may terminate or suspend your access to all or part of the Service at any time, with or without cause. We may automatically terminate your use of the Service without notice if you do not use it for 60 consecutive days. If you decide to cancel the Service, call us at (866) 353-1476 or write to us at Pacific Premier Bank, Attn: Central Branch Support, P.O. Box 25171, Santa Ana, CA 92799-9810, and let us know if you have any outstanding scheduled or recurring bill payments that you also wish to cancel. Unless you advise us not to make such payments, you will be responsible for any payments we make following your notice of termination. We may refuse to make scheduled or recurring Service payments following termination of the Service. Any indemnification required by this Agreement shall survive its termination.